Today was Day 12 in the Ghislaine Maxwell trial; Maxwell is currently on trial for assisting, facilitating, and contributing to Jeffrey Epstein's sexual exploitation of multiple minor girls. Many requests for a call-in line and public access to sealed documents have been sent into the court but they have not yet been addressed at this time. We continue to see documents uploaded to CourtListener.com; motions filed by the Government or the Defense, and correspondence between the Court and the parties, but still no mention of these requests even being received. Regarding the requests, @InnerCityPress mentioned on Twitter, “…Inner City Press challenge still not docketed. Judge today says she only dockets things she acts on, making them "judicial documents." Thus, public will never know requests that get denied, and they can't be appealed”.
Following the Government resting their case on Friday afternoon, a slew of documents were filed by the Defense Team, and by the Government in response to the Defense’s documents, regarding the amount of witnesses the Defense planned to call and in which order they would appear. Originally, the Defense submitted a list of 35 witnesses, in alphabetical order, not in order of appearance. In response to this list, the Government asked the Defense to provide their witness list in order of appearance so the Government could prepare. The Defense explained, due to travel accommodations, the exact appearance of each witness was unknown. However -- at the end of trial yesterday, Day 11, after only calling a handful of witnesses, the Defense alluded to resting their case as early as today. From @InnerCityPress on Twitter, “Seems clear that Maxwell is *not* calling any 35 witnesses. And the list of 35 they submitted is still withheld in full - not just redacting the ones they wanted pseudonymous...”
As always, the day began with some interaction between the Government, the Defense team, and Judge Alison Nathan. Excerpts from this interaction can be found below. This dialogue, along with all other excerpts are provided by @InnerCityPress on their Twitter feed. There were several rulings on prior inconsistent statements, most of them going the government’s way. Maxwell's lawyer pushed to have their witness from Nag's Head Pub testify on Monday. The Defense states their 81-year-old witness coming from the UK can only come Monday and because of this delay, they’re asking to keep the case open for evidence until Monday, but Judge Nathan denied that request and said her rule is if your next witness isn’t ready the case is rested. If the Defense rests today, closing arguments by both legal teams and the charging session will most likely take place on Monday and the jury may begin to deliberate on their verdict as soon as Tuesday. Could we possibly have a verdict by Christmas, Ghislaine Maxwell’s supposed birthday?
The jury was not called in today until 10:30am, a full hour after their reporting time of 9:30am, due to the extensive interaction that took place between the Judge and Counsel. From @CensorTracker on Twitter, “The defense seems to be this: “Did you see Maxwell doing evil things?” “No.” “And the people who did might have memory issues, right?” “That’s possible.” “See? Maxwell didn’t do anything wrong.””
First up for the Defense we have Special Agent Jason Richards, his testimony based on the information we received is quite brief. The next witness called by the Defense is Agent Amanda Young, excerpts from her testimony can also be found below.
The Defense then called Eva Dubin, girlfriend of Jeffrey Epstein on and off between 1983-1991. After dating Epstein, Eva married another hedge funder, Glenn Dubin, and they had three children together. Some believe Eva and her husband Glenn should be on trial for their connection to Epstein; it's reported that Virginia Robert Giuffre gave Eva a non-sexual massage then after Eva fell asleep, had intercourse with Glenn Dubin. This did not come up in the Government’s cross examination of the witness. What did come up during cross, however, was Eva’s self-admitted poor memory where she stated, “I can't remember things from last month.”. Excerpts from Eva’s testimony can be found below. Eva also mentioned she had no problem with her children, now 27, 26, and 20, being around Epstein. She was asked about the flight logs and Maxwell’s lawyer wanted to ask if she’d seen the published flight logs, but the Government objected to this line of questioning and the Judge sustained this objection. It is well known at this point the amount of sealed and/or redacted documents in this trial are extensive, which is leading everyone to ask the question; if the rationale of the redaction is the protection of victims, why are businessmen and politicians on the flights being redacted?
The next witness for the Defense was Michelle Healy, former employee of Jeffrey Epstein. Excerpts from her brief testimony can be found below. Following the Government’s cross examination of this witness, the court excused the jury for lunch.
After the lunch break ended, Maxwell’s lawyer cited the 1996 case U.S. vs. Epstein (Docket 1:96-cv-08307 in SDNY). According to an article from August 13th 2019 on finance.yahoo.com, “The State Department had seized an Upper East Side building from the Iranian government during that country’s revolution — and later rented it to Epstein for $15,000 a month. Epstein, in turn, sublet the building to Ivan Fisher, a well-known criminal defense attorney, for $20,000 a month, the Daily News reported. The U.S. government sued both Epstein and Fisher, claiming the sublet was illegal.” From an article on lostmessiahdotcom.wordpress.com dated July 15th 2019, “The government’s complaint rested on its assertion that Epstein had not received permission before installing Fisher as the subtenant, and its grievance with Epstein was only intensified by his charging Fisher $20,000 a month for the rent when State was charging $15,000 — netting Epstein a monthly profit. …The government eventually moved to evict Fisher, and the court ordered Fisher and Epstein — who in the course of the process were eventually involved in litigation against each other — to pay the back rent and to vacate the premises. An eviction order was served on July 16, 1998, and the marshal noted on the service receipt that the tenants had moved out.” The Defense cited this case to bring into question Epstein’s actual residence because Jane mentioned a different address during her testimony of the same time period; this dialogue can be found below.
To end the day, the Defense rested their case. The Government said their closing statement will be 2-3 hours long with a rebuttal of 45 minutes. Maxwell's lawyers said their closing argument will not be longer than the Government’s. Judge Nathan scheduled the charging conference for tomorrow, Saturday, December 18th 2021 and then told the jurors, “..you'll hear closing arguments then I'll instruct you on the law and you'll begin deliberations. Monday, I ask we start 9 am. And it's possible we'll go to 6”.
When asked, “..If Maxwell takes a plea on this case, could the door be shut on further criminal prosecutions for other offenses? then the civil suits kick in?” by @chinahand on Twitter, @InnerCityPress responded by saying, “It seems clear Maxwell is not taking a plea in this case - in fact, it seems she was not offers any plea deal, which could have been conditioned on naming names.”
MORNING INTERACTION BETWEEN JUDGE AND COUNSEL
Judge Nathan: I'm letting in the documents about residence versus ownership. If I weren't, you might have a point. Is this deposition transcript new to you?
Maxwell's lawyer: She was deposed in a slip and fall case.
Judge Nathan: You'll provide the transcript.
Judge Nathan: I have a rule, you have your next witness or you rest. If otherwise the case closes today, it closes today.
Maxwell's lawyer, Menninger: I understand your Honor wants to run this quickly, but it's a lot of work.
Judge Nathan: (laughs) I understand that, Ms. Menninger. Give me a written application and a proposed order in half an hour.
Maxwell's lawyer: Also, if the Marshals can produce another witness we've subpoenaed... The other witness, from the UK, if they will stipulate to it, there'd be no review.
Assistant US Attorney: The subpoenaed witness Kelly, we have no idea what she'd say. No stip
Judge Nathan: There are also some 40 prior inconsistent statements. My colleague, Judge Kaplan, has helpfully set forth the standard.
[He's the judge with Giuffre v. Prince Andrew before him]
Judge Nathan: Annie said she didn't remember a chef being there [on the Zorro ranch] but that it made sense to her, so not inconsistency. And the amount of horseback riding is a collateral issue.
Maxwell's lawyer: I think impeachment is for the truth [of the matter asserted]
Judge Nathan: That's way too metaphysical for me to handle right now. (Laughs).
Maxwell's lawyer: We'll have a law enforcement witness and we'd like to ask leading questions.
Judge Nathan: Truth comes out on direct. Start with that.
Maxwell's lawyer: I want to get to the absence of evidence, the lack of GPS given the age of the allegations.
Maxwell's lawyer, Everdell: I wanted to ask the agent, that the complaint was first on one time frame then more recent, with Carolyn. I think that's relevant.
AUSA: The court has already ruled on this - the path of the investigation. Let's them raise it in closing
Judge Nathan: Who's the first [defense] witness today?
Maxwell's lawyer: First Special Agent Jason Richards. Then we would have had Agent Young. Then [drumroll] Eva Dubin
Wiki: https://en.wikipedia.org/wiki/Eva_Andersson-Dubin
TESTIMONY – AGENT JASON RICHARDS
Maxwell's Lawyer, Pagliuca: Where are you based?
Richards: Miami. Before, Palm Beach.
Pagliuca: Let's turn to 2006.
Richards: I was in Unit PV-2. We investigated Epstein.
Pagliuca: Did you interview Carolyn - don't say her last name?
Agent Richards: I did.
Pagliuca: Did you recall Carolyn saying she obtained Epstein's number from a phone book and that Epstein returned her call?
Richards: If that's what's in the 302 report.
Pagliuca: No further questions.
CROSS EXAMINATION – AGENT JASON RICHARDS
AUSA: Do you show your 302s to those you speak to?
Richards: No.
Judge Nathan: Defense may call it's next witness.
Maxwell's lawyer: We call Agent Amanda Young.
TESTIMONY – AGENT AMANDA YOUNG
Maxwell's lawyer: Agent Young, was your partner Detective Burns?
Young: Yes. We both check the 302.
Maxwell's lawyer: You just heard Ms. Comey's questions to Agent Richards. 302s are not transcripts, right?
Young: They are not.
Maxwell's lawyer: You interviewed Annie Farmer. About the boots, right?
Young: Yes. The boots were obtained by law enforcement this year. I don't remember which month.
Maxwell's lawyer: Read this.
Young: "In the beginning, Jane would be with her mother and brothers at the Epstein house."
Maxwell's lawyer, Menninger: I want to turn to page 7. You wrote, Jane did not recall specific abuse that may have occurred in New Mexico
Maxwell's lawyer: Just to emphasize, the boots were discussed recently?
Young: Yes.
CROSS EXAMINATION – AGENT AMANDA YOUNG
AUSA: What did you do before?
Young: I interviewed children about child abuse.
[Now there is a sidebar. Agent Amanda Young sits in the plexi-glass witness box, in dark blue shirt, black jacket.]
Judge Nathan: Jurors will disregard the statement about Agent Young's previous job interviewing children.
AUSA: Did Jane need more than one meeting to say what happened?
Maxwell's lawyer: Objection! Beyond the scope!
AUSA: I'll try another way. Who was there for the interviews?
Maxwell's lawyer: Objection! Beyond the scope - I didn't ask about this.
REDIRECT – AGENT AMANDA YOUNG
Maxwell's lawyer, Menninger: You used these notes with the grand jury, right?
Young: Some of them.
Maxwell's lawyer, Menninger: Did you show her the 302s?
Young: No. It's not ethical. It's not appropriate.
Maxwell's lawyer, Menninger: You don't record them?
Young: Only those in custody. Not victim / witnesses.
Maxwell's lawyer, Menninger: Are you familiar with the DOJ Obtaining Evidence protocols?
AUSA: Objection.
Judge Nathan: Overruled.
Maxwell's lawyer, Menninger: I have a document, I can show it
[And now, yet another sidebar]
TESTIMONY – EVA (ANDERSSON-) DUBIN, FORMER GIRLFRIEND OF JEFFREY EPSTEIN
Witness: I am Eva Andersson. I also go by Eva Andersson-Dubin. I live in NYC. I am 60.
Maxwell's lawyer: You are married to Glenn Dubin?
Eva: Yes. 28 years. We have 3 children: 27, 25 & 20
Maxwell's lawyer: Gender?
Eva: Female, male, female.
Maxwell's lawyer: What does Mr. Dubin do for employment?
Eva: He is self-employed. I was previously employed as a medical doctor.
Eva: I went to medical school in Stockholm, then UCLA. Then Lenox Hill Hospital in NYC.
Maxwell's lawyer: Did you know Mr. Epstein?
Eva: We dated off and on from 1983 until 1991.
Maxwell's lawyer: Did you ever witness any sexual contact between Mr Epstein and -- AUSA Moe: Objection!
[Another sidebar]
Maxwell's lawyer: Let me show you some photographs under seal. Is one person Mr. Epstein and the other one of your children?
Eva: Yes it's the 20 (year old?). I've never seen this picture before.
Maxwell's lawyer: Let me ask you about flight records.
Judge Nathan: I'll give the jurors their mid-morning break.
[Jurors leave]
Judge Nathan: If there's something inaccurate in the media writ-large, like a blog post...
Judge Nathan: I sustain the government's objection [to asking about published flight logs] under 401 and 403. Now we'll take our break.
[Jury is back]
Maxwell's lawyer: Let's look at GX662r, the redacted flight logs of Dave Roberts. Can you see it Doctor Dubin?
Judge Nathan: Can we make sure it is redacted? If so, it may be published
[On the screen, flight with "JE, Eva Andersson" and Ms. Francis Jardine.]
Maxwell's lawyer: Do you remember Francis Jardine?
Eva: I remember Francis, I didn't know her last name.
Maxwell's lawyer: You knew Mr. Epstein was dating her?
Eva: Yes.
Maxwell's lawyer: I'll show you sealed exhibit GX12... and now, only for the witness and court, unredacted Exhibit 662.
[Nothing shown on screen]
Eva: I recognize Sophie Biddle, a massage therapist... And I see my husband's name.
Maxwell's lawyer: Without saying the name that we are not saying, do you see it on the list?
Eva: Yes.
Maxwell's lawyer: Have you ever been in a group sexual encounter with Jane?
Eva: I have not.
Maxwell's lawyer: That's all I have.
Judge Nathan: Ms. Moe.
CROSS EXAMINATION – EVA (ANDERSSON-) DUBIN, FORMER GIRLFRIEND OF JEFFREY EPSTEIN
AUSA Moe: Are you the only Eva in the whole wide world?
Maxwell's lawyer: Objection on relevance.
Judge Nathan: Overruled.
AUSA Moe: Did you ever discuss with Mr. Epstein his relationship with Ms. Maxwell?
Maxwell's lawyer: Hearsay.
Judge Nathan: Sustained.
AUSA Moe: With respect, do you have issues with your memory?
Eva: I can't remember things from last month.
Maxwell's lawyer: This does not need to be discussed.
AUSA Moe: Nothing further.
[No redirect]
Judge Nathan: Defense may call its next witness.
TESTIMONY – MICHELLE HEALY, FORMER EMPLOYEE OF JEFFREY EPSTEIN
Healy: I'm 47, live in Dallas, as a housewife. My husband is an architect. My system (sister?) Shannon lives in Albuqueque. I grew up on Long Island. NY from 1974 to 1999.
Maxwell's lawyer, Menninger: Where did you work in 1996?
Healy: J. Epstein and company.
Healy: I went to Zorro ranch, my sister was working there.
Maxwell's lawyer: Were you ever involved in any group sexualized massages with Jane?
Healy: Absolutely not.
CROSS EXAMINATION -- MICHELLE HEALY, FORMER EMPLOYEE OF JEFFREY EPSTEIN
AUSA Comey: Are you the only Michelle in the world?
Michelle Healy: I hope not.
AUSA: Never flew on Epstein's plane?
Healy: No.
AUSA: Nothing further.
[Lunch break]
LUNCH INTERACTION BETWEEN JUDGE AND COUNSEL
Judge Nathan: I always say, I have so many bridges to cross. I cross the bridge that is in front of me.
Maxwell's lawyer: We want to put in property records about Stanhope Mews, too. They are self-authenticating.
Judge Nathan: What do we have after lunch?
Maxwell's lawyer: We'll try to work out the other stips.
Judge Nathan: So, no more defense witnesses? I'm going to spend my remaining lunch hour reviewing Kelly.
AUSA: If not Monday morning, it's too late.
Judge Nathan: It'll be a long break for the jury - try to confer.
[Note: 2:42 pm, jury still not called back in. Judge Nathan said she intends to ask Ghislaine Maxwell whether she intends to testify. Now Maxwell is talking at length with her lawyer Bobbi Sternheim and others.]
INTERACTION BETWEEN JUDGE AND COUNSEL FOLLOWING LUNCH BREAK
AUSA Comey: We have reached stipulations and we can wrap up the case today.
Judge Nathan: How long to read the stipulations?
AUSA Comey: 10 to 15 minutes.
Maxwell’s Lawyer, Menninger: We ask you to take a notice of a 1996 case before 2d Cir Judge Chen
Judge Nathan: You've given Judge Chen an early promotion (laughs)
Maxwell’s Lawyer, Menninger: The US leased a building to Epstein
Judge Nathan: I'm sustaining the objection, given the posture of that case at the time [it was on summary judgment]
AUSA: In the old deposition of Epstein, the government's goal wasn't what it is here, to determine where he was living, there or on 9 East 71st St
Maxwell's lawyer: Jane says Epstein was living in 9 East 71st on 1994. But this case says different.
Judge Nathan: It's not coming in. And I heard, no arrest warrant for Kelly
Maxwell's lawyer: No need to arrest Kelly "Bolino" (spelling?)
AUSA: No government rebuttal case
ALLOCUTION
Judge Nathan: Ms. Maxwell, please rise. The decision to testify or not is your decision. Do you understand?
Maxwell: Your Honor, the government had not proved its case beyond a reasonable doubt. So there is no need for me to testify.
STIPULATIONS
· Annie Farmer's boots were seized by the FBI on June 29, 2021.
· When the Lion King opened (Jane said she went to see The Lion King on Broadway with Epstein, but the timing matches up for it to have been the movie)
· Dominique Hyppotite would testify that the Palm Beach school maintains records (relating to Virginia Giuffre Roberts)
· "It is agreed that the birthday of Mike Wallace is May 9, 2018." (Jane cited 80th birthday party)
· London addresses and dates.
Judge Nathan: I'll given them a shortened lunch break too, to get it all in on Monday. Then deliberation Tuesday, Wednesday & more if necessary
Maxwell's lawyer: At this time the defense rests.
AUSA: The US has no further case.
Judge Nathan: Jurors, you'll hear closing arguments then I'll instruct you on the law and you'll begin deliberations. Monday, I ask we start 9 am. And it's possible we'll go to 6
Judge Nathan: Continue following my instructions. No communications with each other any anyone else about the case. Keep an open mind until summations and my instructions. Be cautious out there. I want to see everyone back here Monday at 9.
[Jury leaves]
Judge Nathan: I'll get your a draft of the charge by 6 pm. And we'll meet here at 9 am for the charging conference.
AUSA: Who should be reach out to about logistics?
Judge Nathan: We'll have some staff here over the weekend for the charging conference.
Judge Nathan: See you tomorrow morning [Saturday]
Adjourned.